Education dept., city named in suit over teen’s alleged assault

A Bronx teen and her mother have sued the city over sexual abuse the 16-year-old girl was allegedly subjected to by a teacher at Herbert Lehman HS.

Brian Kearins, 33, a music teacher at the East Tremont Avenue school, was arrested in June after the victim’s sister discovered emails shared between the two and showed their mother, police sources said at the time.

“Defendant Kearins, while acting within the scope of employment, statutorily raped the infant plaintiff,” the Bronx Supreme Court suit alleges, adding that after Education Department officials were made aware Kearins was allowed to remain employed.

The multimillion-dollar suit — which was filed Friday – names the city, the Department of Education and Kearins as defendants.

“At some point the Board of Ed has to accept some responsibility for these teachers’ sexual activities,” said the girl’s attorney, Bob Vilensky.

“These things continue to happen, and it doesn’t seem like the Board of Ed is doing anything to impede it.”

Kearins was charged with rape and endangering the welfare of a minor.

The 10-year veteran teacher was pulled from the classroom while Education officials seek his termination, but he continues to draw his $78,885 salary, a DOE spokesman said.